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Flashcards in Strict Liability Deck (2)
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0
Q

Dog bite statute florida

A

Owner is liable in any location, including his own property and regardless of if the dog has any history.
Αs long as P lawfully in that place.
* but not owed when dog is provoked.
* bad dog sign will bar liability as long as owner is not otherwise negligent unless victim is six or under.
Can use comparative negligence.

1
Q

Strict liability

A

Liable even if exercised due care.
For possession of animals and abnormally dangerous activities. Consider:
1. Risk of serious injury created by the activity
2. If risk can be eliminated by due care,
3. If activity is usually conducted in that area
* defense if P knew of and assumed the risks.
- Ps contribution to his own injury or failure to act reasonably will not prevent recovery, only reduce it.